![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Mid-Atlantic Region Air Enforcement Statistics - High Priority Violators (HPVs) Identified and Penalties Collected
This page provides a graphical summary of Clean Air Act high priority violators (HPVs) identified by state and local environmental agencies as well as the Environmental Protection Agency (EPA) within the Mid-Atlantic Region in recent years.
EPA's 1999 policy, "The Timely and Appropriate Enforcement Response to High Priority Violations" defines the term "high priority violator" in the Air Enforcement Program and outlines the processes and timelines for agencies to expeditiously return HPVs to compliance and to assess civil penalties of sufficient magnitude to maintain a credible deterrent effect. Most HPVs are major Title V sources; minor sources may be listed as HPVs in limited instances. In the discussions below, the term "enforcement action" means that the facility has been formally notified by the lead agency that a violation is alleged and/or a legally-enforceable administrative or judicial order has been issued.
Definitions of terms used on this web page :
- "FY" = fiscal year (October 1 through September 30).
- "ACHD" = Allegheny County Health Department (Allegheny County, PA)
- "AMS" = Philadelphia Air Management Services (Phila., PA)
- "MDE" = Maryland Dept. of the Environment
- "PADEP" = Pennsylvania Dept. of Environmental Protection
- "DNREC" = Delaware Dept. of Natural Resources & Environmental Control
- "VADEQ" = Virginia Dept. of Environmental Quality
- "WVDEP" = West Virginia Dept. of Environmental Protection
- "HPV" = High Priority Violator
Jump to HPV chart for: Region 3 | Allegheny County | DE | DC | MD | PA | Phila. | VA | WV
Jump to Penalties chart for: VA | WV | MD | DE | DC | PA | Phila. | Allegheny County
- State and local environmental agencies and the EPA discovered 90 High Priority Violators (HPVs) in Region III during Fiscal Year 01 (FY01), which began October 1, 2000 and ended September 30, 2001.
- Ninety-two HPVs were discovered in Region III during FY02, which began October 1, 2001 and ended September 30, 2002.
- In FY03, which began October 1, 2002 and ended September 30, 2003, eleven percent more HPVs were discovered than in each of the previous two years.
- In FY04, which began October 1, 2003 and ended September 30, 2004, 28 percent more HPVs were discovered than in the previous fiscal year.
Whereas recent increases in HPVs discovered are evident in several Region III states as well as local jurisdictions, the increase in new HPVs found in Region III in FY03 and FY04 is primarily due to discovery of new HPVs by the Pennsylvania Department of Environmental Protection (PADEP).
See ECHO for detailed enforcement history as well as information on active HPVs. Be aware that the data presented in ECHO may not match the data summarized on this web page. This is because ECHO, which is updated on a monthly basis, shows current HPVs and three years of compliance history related to all violations reported for individual sources whereas this web page shows four-year trends across state and local jurisdictions only for Region III HPVs reported.
Please note that any increases in new HPVs represented in charts here may be due to an actual increase in violations that rise to the level of an HPV, an increase in reporting of violations as HPVs by delegated agencies, and/or increased success by state/local agencies and/or EPA in discovering violations that previously may have been undiscovered.
- Of the 95 new HPVs discovered in Virginia between October, 2000 and September, 2004, the Virginia Department of Environmental Quality (VADEQ) has identified and taken enforcement action or is continuing enforcement action at 80 HPVs.
- EPA and VADEQ have jointly taken enforcement action at seven HPVs.
- EPA has taken enforcement action against the eight other HPVs included in the above chart or is continuing to investigate the violations alleged.
For more information on enforcement activities recently or currently being
conducted by VADEQ, see the VADEQ
web site 
.
As shown above, the number of HPVs discovered in West Virginia increased each year between FY01 and FY03. The total number of HPVs discovered decreased by more than 50 percent in FY04. Of the HPVs summarized in the above chart, the West Virginia Department of Environmental Protection (WVDEP) discovered the following:
- FY01: six new HPVs
- FY02: thirteen new HPVs
- FY03: eight new HPVs
- FY04: six new HPVs.
WVDEP has enforced or is continuing enforcement action against all HPVs it discovered between October, 2000 and September, 2004. EPA identified and has either taken enforcement action or is continuing to investigate the eleven other HPVs included in the above chart.
- Of the 47 new HPVs identified in Maryland between October, 2000 and September, 2004, the Maryland Department of Environment has identified and taken enforcement action or is continuing enforcement action at 41 HPVs.
- EPA has taken enforcement action against the six other HPVs included in the above chart or is continuing to investigate the violations alleged.
To review an issued of MDE's monthly publication which includes features
on MDE public meetings and hearings schedule, enforcement and compliance
notes, and permitting activity, see the MDE
web site .
- Of the 41 new HPVs identified in Delaware between October, 2000 and September, 2004, the Delaware Department of Natural Resources and Environmental Control (DNREC) has taken enforcement action or is continuing enforcement action at 32 HPVs.
- EPA and DNREC have jointly taken enforcement action at six HPVs.
- EPA has taken enforcement action against the three other HPVs included in the above chart or is continuing to investigate the violations alleged.
For more information on enforcement activities recently or currently being
conducted by DNREC, see the DNREC
web site .
- The number of new HPVs discovered in the District of Columbia decreased significantly between FY01 and FY02 and has remained relatively low through FY04.
- The District of Columbia Department of Health has enforced or is continuing enforcement action against all the HPVs discovered since October, 2000.
- New HPVs discovered by the PADEP or EPA in Pennsylvania increased substantially in FY03 and increased even more in FY04.
- PADEP has taken enforcement action or is continuing enforcement action at 141 HPVs that were identified between October, 2000 and October, 2004.
- EPA has taken enforcement action against the nine other HPVs included in the above chart or is continuing to investigate the violations alleged.
*Please note that these figures do not include HPVs identified within Philadelphia nor Allegheny County (see below) in Pennsylvania.
- The number of HPVs discovered in Philadelphia doubled between FY01 and FY02, stayed at four per year through FY03, and doubled again in FY04.
- Philadelphia Air Management Service (AMS) has taken enforcement action at fifteen HPVs or is continuing to investigate the violations alleged.
- EPA is continuing to investigate violations at two other HPVs included in the above chart and is investigating a third HPV jointly with AMS.
- EPA discovered three HPVs in Allegheny County in FY01 and has taken enforcement action against all three HPVs.
- No HPVs were discovered in Allegheny County in FY02.
- The Allegheny County Health Department (ACHD) identified two HPVs in FY03 and five HPVs in FY04.
- ACHD has taken enforcement action against the seven HPVs discovered in FY03 and FY04.
Penalties Collected for Air Violations, October 1999 to September 2004
Enforcement actions in response to HPVs discovered may be undertaken by the state or local environmental agency, by EPA, or as a joint formal action between the state/local agency and EPA. The lead agency typically collects the penalties associated with the enforcement action that addresses the violation. Where enforcement is taken as a joint formal action, penalties may be collected by both the state/local agency and EPA. The charts below show the actual amounts of penalty fines collected between October, 1999 and September, 2004, for HPVs addressed during those years.
The chart above shows penalties collected for HPVs that VADEQ addressed between FY00 and FY04. As shown, more penalties collected by VADEQ are associated with HPVs addressed each successive year through FY04. The number of HPVs addressed by VADEQ increased each year as well. VADEQ has collected all penalties associated with HPVs that it addressed during those five years.
The chart above shows penalties collected for HPVs that WVDEP addressed between FY00 and FY04. As shown, HPVs addressed in FY03 resulted in the largest amount of penalties collected by WVDEP over those five years. Penalties collected generally correlate with the number of HPVs addressed each fiscal year.
The chart above shows penalties collected by MDE for HPVs that were addressed by MDE between FY00 and FY04. As shown, HPVs addressed in FY02 resulted in the largest amount of penalties collected by MDE over those five years. MDE also addressed the largest number of HPVs in FY02 compared to the other three years. Please note that less than one-half of the HPVs addressed by MDE in FY04 have been resolved, as of March, 2005, and that additional penalties are expected to be collected for many of the MDE's still unresolved HPVs.
The chart above shows penalties collected for HPVs that DNREC addressed between FY00 and FY04. As shown, HPVs addressed in FY02 resulted in the greatest amount of penalties collected by DNREC over those five years. The notably large amount of penalties in FY02 is attributed to a relatively high number of HPVs addressed as well as several notably large individual penalty amounts collected that year.
The chart above shows penalties collected for HPVs that DCDOH addressed between FY00 and FY04. DCDOH collected a total of three penalties for HPVs over those five years. No HPVs were addressed in FY00 nor in FY04.
The chart above shows penalties collected for HPVs that PADEP addressed between FY00 and FY04. As shown, HPVs addressed in FY02 resulted in the largest amount of penalties collected by PADEP over those five years. The notably large amount of penalties in FY02 is attributed to one very large individual penalty amount collected that year.
For more information on penalties collected by PADEP for air violations
(HPVs as well as violations that did not rise to the level of an HPV), see
the PADEP
web site .
The chart above shows penalties collected for HPVs that AMS addressed between FY00 and FY04. As shown, HPVs addressed in FY01 resulted in the largest amount of penalties collected by AMS over those five years. Penalties collected by AMS directly correlate with the number of HPVs addressed during those years. AMS has collected all penalties associated with HPVs that it addressed during those five years.
The chart above shows penalties collected for HPVs that ACHD addressed between FY00 and FY04. One HPV addressed in FY01 resulted in the largest amount of penalties collected by ACHD over those five years. Please note that several of the HPVs addressed by ACHD in FY04 have not been resolved, as of March, 2005, and that additional penalties are expected to be collected for these still unresolved HPVs.